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[It is expressly understood, notwithstanding any other provision of this=20
Agreement to the contrary, and agreed by the Parties that MDEA reserves the=
=20
right to sell any Available Energy, Capacity and Ancillary Services to any=
=20
third party in any Structured Transaction, provided that such sale is=20
consummated on an =01&arms-length=018 basis and included in the determinati=
on of=20
the incentive fee payable to EPMI under this Agreement